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Scotland Act 2016

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Changes over time for: Cross Heading: Road Traffic Regulation Act 1984 (c. 52)

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Scotland Act 2016, Cross Heading: Road Traffic Regulation Act 1984 (c. 52) is up to date with all changes known to be in force on or before 20 January 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Schedule 2 Part 1 Crossheading Road-traffic-regulation-act-1984-c-52:

  • specified provision(s) amendment to earlier commencing S.I. 2017/455, reg. 3 by S.I. 2019/1438 reg. 2

Road Traffic Regulation Act 1984 (c. 52)U.K.

1U.K.The Road Traffic Regulation Act 1984 is amended as follows.

2(1)Section 15 (duration of orders etc under section 14) is amended as follows.U.K.

(2)In subsection (3)—

(a)for “Secretary of State”, in both places, substitute “ national authority ”, and

(b)in paragraph (b) for “that authority” substitute “ the authority that made the temporary order ”.

(3)In subsection (4)—

(a)for “Secretary of State” substitute “ national authority ”,

(b)omit “himself”,

(c)for “he” substitute “ the national authority ”, and

(d)for “that authority” substitute “ the authority that made the temporary order ”.

(4)In subsections (5), (6) and (7) for “Secretary of State”, in each place, substitute “ national authority ”.

3(1)Section 16 (supplementary provision as to orders etc under section 14) is amended as follows.U.K.

(2)In subsection (2) for “Secretary of State” substitute “ national authority ”.

(3)In subsection (2A)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)for “he” substitute “ the national authority ”.

4U.K.In section 17 (traffic regulation on special roads)—

(a)omit subsection (3ZD), and

(b)omit paragraph (b) of subsection (3A) (and the “and” before it).

5U.K.In section 24 (Secretary of State to establish crossings on certain roads)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)for “he”, in both places, substitute “ the national authority ”.

6U.K.In section 25(6)(b) (meaning of “crossing” in section 25 includes a crossing established by Secretary of State under section 24)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)for “him” substitute “ the national authority ”.

7U.K.In section 28 (stopping of vehicles at school crossings) for “Secretary of State”, in each place, substitute “ national authority ”.

8(1)Section 86 (speed limits for particular classes of vehicles) is amended as follows.U.K.

(2)For “national authority” in each place substitute “ relevant authority ”.

(3)Omit subsection (9).

9U.K.In section 88 (temporary speed limits) for “national authority” in each place substitute “ relevant authority ”.

10U.K.In section 124(1) (purposes of Schedule 9 etc) in paragraphs (a) and (b) for “Secretary of State” substitute “ national authority ”.

11(1)Section 131 (application of road traffic enactments to Crown roads) is amended as follows.U.K.

(2)For “Secretary of State”, in each place, substitute “ relevant authority ”,

(3)In subsection (1) for “him” substitute “ the relevant authority ”.

(4)In subsection (2)(b) for “him” substitute “ the relevant authority ”.

(5)In subsection (2)(c) for “the authority”, in both places, substitute “ the appropriate Crown authority ”.

(6)After subsection (7) insert—

(8)In this section “relevant authority”—

(a)in relation to functions under this section so far as exercisable within devolved competence (within the meaning of the Scotland Act 1998), means the Scottish Ministers;

(b)otherwise, means the Secretary of State.

12(1)Section 134 (regulations) is amended as follows.U.K.

(2)In subsection (1)—

(a)for “State,” substitute “ State or ”, and

(b)omit “, or on the Ministers acting jointly,”.

(3)In subsection (2)—

(a)omit “82(1)(b),”,

(b)omit “, or the Ministers acting jointly as the case may be,”, and

(c)for “or they think” substitute “ thinks ”.

(4)After subsection (3) insert—

(3A)Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.

(5)After subsection (5) insert—

(6)Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.

(7)Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.

(8)Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.

13U.K.In section 142(1) (general interpretation) omit the definition of “the Ministers”.

14(1)Part 1 of Schedule 9 (reserve powers of Secretary of State in relation to certain orders) is amended as follows.U.K.

(2)In the heading to the Part for “Secretary of State” substitute “ national authority ”.

(3)In paragraph 1 (directions in relation to certain orders)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)after “give to that” insert “ authorised ”.

(4)In paragraph 2(b) (directions prohibiting certain orders)—

(a)after “prohibiting the” insert “ authorised ”, and

(b)for “Secretary of State” substitute “ national authority ”.

(5)In paragraph 3(1) (power of Secretary of State to make order instead of authorised authority)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)after “as well as by the” insert “ authorised ”.

(6)In paragraph 4 (arrangements for making order of Secretary of State effective etc)—

(a)for “Secretary of State” substitute “ national authority ”,

(b)for “him”, in each place, substitute “ the national authority ”, and

(c)for “he”, in each place, substitute “ the national authority ”.

(7)In paragraph 6(1) (transfer of operation of parking place to local authority from Secretary of State)—

(a)for “Secretary of State”, in each place, substitute “ national authority ”, and

(b)in paragraph (b) for “he” substitute “ the national authority ”.

(8)In paragraph 7 (variation or revocation of order by Secretary of State), in sub-paragraph (1)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)for “he” substitute “ national authority ”.

(9)In paragraph 8 (matters as to which Secretary of State is to be satisfied before making order)—

(a)for “Secretary of State” substitute “ national authority ”,

(b)for “he” substitute “ the national authority ”,

(c)for “him” substitute “ the national authority ”, and

(d)after “discharged by the” insert “ authorised ”.

(10)In paragraph 9 (circumstances in which paragraph 8 does not apply)—

(a)for “Secretary of State” substitute “ national authority ”,

(b)for “he”, in both places, substitute “ the national authority ”, and

(c)for “him” substitute “ the national authority ”.

(11)For paragraph 12A (disapplication of Article 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999) substitute—

12ZAA power conferred upon the Scottish Ministers by this Schedule, so far as it relates to the exercise of a power under this Act by virtue of section 22C, is exercisable only with the consent of the Secretary of State.

15(1)Part 2 of Schedule 9 (consent of Secretary of State to certain orders) is amended as follows.U.K.

(2)In the heading to the Part for “Secretary of State” substitute “ national authority ”.

(3)In paragraph 13(1) (cases where consent is required) for “Secretary of State”, in each place, substitute “ national authority ”.

(4)Paragraph 15 (Secretary of State's power to add to or remove from orders for which consent is required) is amended as follows.

(5)In sub-paragraph (1) after “authorities” insert “ in England and Wales ”.

(6)After paragraph 15 insert—

15A(1)The Scottish Ministers may by order add to or remove from the orders for which their consent is required by paragraph 13 such orders made by such traffic authorities in Scotland as the Scottish Ministers may specify in the order.

(2)An order under this paragraph may provide for the consent of the Scottish Ministers to be required (or not to be required) for an order for such purposes or in such circumstances as the Scottish Ministers may see fit to specify in the order under this paragraph.

(3)An order under this paragraph removing an order from the orders for which the consent of the Scottish Ministers is for the time being required is subject to the affirmative procedure.

(4)Any other order under this paragraph is subject to the negative procedure.

(7)Paragraph 16 (consent to order with modifications) is amended as follows.

(8)In sub-paragraph (1)—

(a)for “to him for his” substitute “ for ”,

(b)after “Secretary of State” insert “ or the Scottish Ministers ”,

(c)omit “to him”, in the second place, and

(d)for “thinks” substitute “ or they think ”.

(9)In sub-paragraph (2)—

(a)for “Where” substitute “ Sub-paragraph (3) applies where ”,

(b)for “proposes” substitute “ or the Scottish Ministers propose ”,

(c)after “him”, in the first place, insert “ or them ”,

(d)omit “to him”, in the second place,

(e)for “he” substitute—

(3)The Secretary of State or the Scottish Ministers, and

(f)after “him”, in the third place, insert “ or them ”.

(10)Paragraph 17 (general consent) is amended as follows.

(11)In sub-paragraph (1)—

(a)after “Secretary of State” insert “ or the Scottish Ministers ”, and

(b)omit “his”.

(12)In sub-paragraph (2) after “order” insert “ of the Secretary of State ”.

(13)After sub-paragraph (2) insert—

(3)Any order of the Scottish Ministers under this paragraph is subject to the negative procedure.

(14)In paragraph 18 (orders to be by statutory instrument) after “power” insert “ of the Secretary of State ”.

16(1)Part 3 of Schedule 9 (procedure as to certain orders) is amended as follows.U.K.

(2)In paragraph 20(1) (consultation)—

(a)for “to the Secretary of State for his” substitute “ for ”, and

(b)omit “to the Secretary of State”, in the second place.

(3)In paragraph 21 (regulations as to procedure for orders of local authorities)—

(a)for “Secretary of State”, in each place, substitute “ national authority ”,

(b)for “him”, in both places, substitute “ the national authority ”, and

(c)for “he” substitute “ the national authority ”.

(4)In paragraph 24 (regulations as to procedure for orders of Secretary of State etc)—

(a)for “Secretary of State” substitute “ national authority ”,

(b)in the words before paragraph (a) for “him” substitute “ the national authority ”,

(c)in paragraph (b) for “he”, in both places, substitute “ the national authority ”, and

(d)in the words after paragraph (b) after “or” insert “ , where the national authority is the Secretary of State, ”.

(5)Paragraph 26 (objections to exercise of reserve power under paragraph 2) is amended as follows.

(6)In sub-paragraph (1) for “Secretary of State” substitute “ national authority ”.

(7)In sub-paragraph (2)—

(a)for “Secretary of State” substitute “ national authority ”,

(b)for “he” substitute “ the national authority ”, and

(c)for “him” substitute “ the national authority ”.

17(1)Part 4 of Schedule 9 (variation or revocation of certain orders) is amended as follows.U.K.

(2)In paragraph 28 (power to vary or revoke order not affected by related exercise of a reserve power) after “Secretary of State” insert “ or the Scottish Ministers ”.

(3)In paragraph 29 (power to revoke an order under paragraph 7 not affected by paragraph 8)—

(a)for “Secretary of State” substitute “ national authority ”, and

(b)omit “by him”.

18U.K.In Part 5 of Schedule 9 (consultation with traffic commissioners), in paragraph 32—

(a)for “to the Secretary of State for his”, in the first place, substitute “ for ”, and

(b)omit “to the Secretary of State for his consent”, in the second place.

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